Provisional Registration of an Aircraft
202.37 (1) If an aircraft is not registered in Canada or in a foreign state, no person shall operate it for the purpose of importing it into Canada or for the purpose of transporting it from one location in Canada to another location in Canada unless the person first obtains a provisional certificate of registration in accordance with the Aircraft Marking and Registration Standards in respect of the aircraft.
(2) The Minister may specify in a provisional certificate of registration conditions governing the operation of the aircraft as necessary for its safe and proper operation, and the destination to which and the date or dates on which the aircraft may be operated.
(3) A provisional certificate of registration expires or is cancelled, as the case may be, when the aircraft
(a) arrives at the destination set out in the provisional certificate of registration or, if the provisional certificate of registration specifies that a test flight shall be performed, when the test flight is completed;
(b) is operated on a date that is not specified in the provisional certificate of registration; or
(c) is operated in a manner that is contrary to any condition specified in the provisional certificate of registration.
- SOR/2000-405, s. 12.
Exporting an Aircraft
202.38 Where a Canadian aircraft is sold or leased to a person who is not qualified under section 202.15 to be the registered owner of a Canadian aircraft and the aircraft is not in Canada at the time of its sale or lease or it is understood by the vendor or lessor, as the case may be, that the aircraft is to be exported, the vendor or lessor shall
(a) remove the Canadian marks from the aircraft and, if applicable, the aircraft address from the Mode S transponder and from the other avionics equipment of the aircraft at the time of the sale or lease;
(b) notify the Minister in writing, within seven days after the sale or lease, of the date of
(i) the sale or lease,
(ii) the exportation, if applicable,
(iii) the removal of the Canadian marks, and
(iv) the removal of the aircraft address from the Mode S transponder and from the other avionics equipment of the aircraft, if applicable;
(c) provide the Minister with a copy of all of the agreements that relate to the transfer of any part of the legal custody and control of the aircraft resulting from the sale or lease; and
(d) return to the Minister the certificate of registration of the aircraft.
- SOR/2000-405, s. 13.
Division V — Operation of Foreign Aircraft
Period of Time Present in Canada
202.42 (1) Subject to section 203.03, no person shall operate in Canada an aircraft that is registered in a foreign state that has been present in Canada for a total of 90 days or more in the immediately preceding twelve-month period unless
(a) the foreign state is a contracting state;
(b) the operator of the aircraft is
(i) the foreign state,
(ii) an individual who is not a Canadian citizen or a permanent resident but is a citizen or subject of the foreign state, or
(iii) an entity that is incorporated or otherwise formed under the laws of the foreign state; and
(c) if the operator of the aircraft is an entity described in subparagraph (b)(iii), the aircraft is operated in Canada
(i) in accordance with an air operator certificate, or
(ii) in any operation other than an operation that would require a private operator certificate if the aircraft were registered in Canada.
(2) For the purposes of calculating the 90-day period,
(a) if the aircraft is present in Canada for any part of a calendar day, that part shall be counted as one day; and
(b) an aircraft is deemed to be present in Canada as soon as it enters Canadian airspace.
- SOR/2003-271, s. 5.
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